PAWAN KUMAR ARORA,NEW DELHI vs. ITO, WARD- 41(5), NEW DELHI

PDF · subscribers
ITA 3837/DEL/2017Status: DisposedITAT Delhi13 February 2020AY 2012-132 pages

In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.

AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that since the quantum additions were set aside for fresh assessment, the penalty imposed on those additions could not be sustained at this stage. The Assessing Officer was permitted to initiate penalty proceedings after passing a fresh assessment order.

What were the facts?

The assessee challenged a penalty of Rs. 3,57,27,812/- levied under Section 271(1)(c) for AY 2012-13. The quantum appeal related to the additions on which the penalty was imposed was remanded back to the Assessing Officer for fresh assessment.

What were the issues?

Whether penalty under Section 271(1)(c) can be sustained when the underlying additions forming the basis of the penalty have been set aside for fresh assessment.

Which sections of the Income-tax Act were involved?

Section 271(1)(c)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH “F” NEW DELHI

Before: SHRI AMIT SHUKLA & SHRI O.P. KANT

For Appellant: Shri Jagdish Ajmani, CA
For Respondent: Smt. Sushma Singh, CIT-D.R

PER AMIT SHUKLA, J.M.: The aforesaid appeal has been filed by the assessee against the impugned order dated 30.11.2016, passed by Commissioner of Income Tax (Appeals)-XIV, New Delhi in relation to penalty proceedings u/s.271(1)(c) for the Assessment Year 2012-13. In the grounds of appeal

, the Assessee has challenged the levy of penalty of Rs.3,57,27,812/-.

2. In the quantum proceedings, vide order of even date, i.e., 13.02.2020, the appeal of the assessee has been remanded back to the file of the Assessing Officer to decide the issue raised in the grounds of appeal afresh and in accordance with law after giving due and effective opportunity of hearing to the assessee. Thus, penalty levied on the additions made has been set aside for afresh assessment, therefore, penalty imposed on such addition at this stage cannot be sustained and same is deleted. After passing of fresh assessment, Assessing Officer may initiate the penalty proceedings in accordance with law. 3. In the result, the appeal of the assessee is allowed. Order pronounced in the open Court on 13th February, 2020.

More judgments on Section 271(1)(c)

All 25,141 judgments and leading authorities on Section 271(1)(c) →

Recent GST High Court judgments

Search GST case law →